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HomeMy WebLinkAboutOrdinance_318_01/25/1983it • • ORDINANCE N0. 318 AN OPDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, DECLARING N CONTINUED TEMPORARY MORATORIUM UPON APPLICA- TIONS FOR BUILDING PERMITS FOR THE CONSTRUC- TION OF BUILDINGS AND STRUCTURES WITHIN ALL COMMERCIAL AND PIULTI-FAMILY ZONING DISTRICTS OF THE VILLAGE; P~;AKING LEGISLATIVE FINDINGS OF FACT; DECLARING THE INTENT AND PURPOSE OF THIS ORDINANCE; PROVIDING FOR EXCEPTIONS; PROVIDING FOR WAIVERS FROM THE ORDINANCE AND ESTABLISHING A PROCEDUKE FOR PROCESSING AP- PLICATIONS FOR WAIVER; PROVIDING FOR AUTO- MATIC KEPEAL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Village of Tequesta is presently in the process of considering major amendments to its Zoning Ordinance; and WHEREAS, the Village has engaged the services of a con- sultant to advise the Village on appropriate changes to the Zoning Ordinance and to prepare appropriate amendments pursuant to his advice; and WHEREAS, several proposed amendments relate to traffic.,' parking and density in the Commercial and 61ulti-Family Districts of the Village and the consideration of appropriate uses therein; and WHEREAS, there are likely to be inconsistencies between existing regulations and the recommendations of the Village's con- sultant during and subsequent to his study and advice on the Zoning Ordinance; and WHEREAS, the Village Council has previously adapted Or- dinance No. 313 relating to the temporary suspension of building permits on all properties-within the .Commercial and Multi=Family Zoning Districts of the Village; and WHEREAS, the Village Council finds and declares a need to continue to suspend temporarily the further development of all properties within all Commercial and Multi-Family Zoning Districts of the Village, in order to review such properties and propose developme:~t.so as not to jeopardize the integrity of the emerging Zoning Ordinance_ NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, as follows: Section 1. Legislative Findings of Fact. The Village Council of the Village of Tequesta, Florida, finds and declares that: i ... . ~~ (a) All the statements-set forth in the preamble to this Ordinance are true and correct; (b) For said reasons there exists a need to impose a temporary moratorium as set forth herein in order to avoid the frustation and defeat of the policies and objectives of the emerging Zoning Ordinance. Section 2. Intent and Purpose. It is the purpose and intent of this Ordinance to promote the health and general welfare of the Village of Tequesta and to prevent further overcrowding, congestion and excess traffic in the Commercial and P1ulti-Family Zoning Districts within the Village. Section 3. Moratorium Declared. There is hereby declare to be a continued moratorium within all Commercial and Multi-Family Zoning Districts of the Village on the acceptance of applications for and the issuance of building permits for the construction of buildings or structures within said Commercial and Multi-Family Zoning Districts. Section 4. Exceptions. Section 3 of this Ordinance shal' not be applicable to any application for any building permit or sitE plan review which has been filed with the Village's building offi- cial prior to April 13, 1981. Section 5. Waivers. A waiver from the strict application of Section 3 of this Ordinance may be granted by the Village Council in cases where it is determined either that the strict application of Section 3 would cause unique and unnecessary hardship upon the applicant or that the specific proposed use or uses of the proposed construction or development are consistent with the emerging plan or Zoning Ordinance. (a) Any property oHrner desiring to obtain a waiver here- under shall apply in writing to the Village Council on forms- pro- vided by the Village's building official setting forth a full and i complete statement of all special facts and circumstances which are relied upon by the applicant as constituting grounds for the issuance of the waiver. Applications for waivers shall be heard by I' the Village Council at the regularly scheduled Village Council Meeting each month or at any other meeting specially set by the :. II •~ • Village Council for that purpose. Aii applications for waivers shall be filed and received by the Village building official no later than seven (7) days prior to the public hearing scheduled on said application. (b) In considering any request for variances from the strict application of Section 3 on the grounds of hardship, the Village Council shall examine the. effect of any special circum- stances causing unique and unnecessary hardships hereunder and shall evaluate the time, effort and expenditure of the applicant or his agent therefor that has been devoted to securing a building permit prior to the enactment of this Ordinance. (c) Zn considering any request for waivers from the strict application of Section 3 of this Ordinance on the grounds of consistency with the emerging plan or Zoning Ordinance, the Village Council shall examine the status of said plan or Zoning Ordinance and the likelihood .t hat the proposed development will be consistent or inconsistent with said Ordinance. A denial of a waiver which was requested on the grounds of consistency with the emerging plan or Zoning Ordinance shall be without prejudice to re- quest the same waiver at a later date if the proposed plan is materially amended such that the proposed development is no longer inconsistent with the emerging plan or Zoning Ordinance. Section 6. Automatic Repeal. This Ordinance shall stand repealed as of 11:59 p.m. on the ~Oth day of April 1983 unless sooner repealed; provided., that nothing herein shall prevent the readoption or ratification of this Ordinance in the same or similar form. During the effective period of this Ordinance, all ocher ordinances and resolutions of the Village or portions thereof in conflict with- this Ordinance are declared to be suspended to the extent of such conflict. Section 7. Severability. If any provision, section, paragraph, sentence or phrase in this Ordinance shall far any rea- son be found to be invalid or inoperative, or shall be held by any court to be unconstitutional, the remainder of the provisions of this Ordinance shall, nevertheless, continue in full force and ef- fect. o ~. ~~ ~ ~ • .a . Section 8. This Ordinance shall take effect immediately upon its passage and approval by law. THE FOREGOING ORDINANCE was offered by Councilmember Th~maG .T_ RPrlrl~w , who moved its adoption. The Ordinance was seconded by Councilmember Carlton D. Stoddard and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION Thomas J. Beddow Lee M. Brown Thomas J. Little:e ` W.H. Mapes, Jr. Carlton., D. Stoddard The Mayor thereupon declared the Ordinance duly passed and adopted this 25 day of January 1983. ATTEST: Village- Clerk- MAYOR OF TEQUESTA ~./J.